Acting in Sexual Offences Matters

Learn effective strategies for preparing a sexual assault matter for trial and gain insights into applications for discontinuance and no-case submissions. Understand the issues in managing forensic evidence in sexual assault cases and hone your skills in tendency evidence in pre-trial and during trial. Additionally, you’ll gain a comprehensive analysis of recent cases in the Court of Appeal, offering valuable perspectives from experienced barristers navigating this critical area of criminal law.  

Friday, 14 June 2024
10.00am to 11.00am Tendency Evidence: An Update to the Law in Victoria and Practical Advice for Considering Tendency Evidence in Pre-Trial and During Trial
  • Update on the current issues in Tendency Evidence
  • Approaching a Tendency Notice – questions to ask in preparation for trial
  • Issues with Tendency Evidence in closing addresses and Judge’s charges – things to remain alert for

Presented by Zubin Menon, Green List Barristers

Professional Skills
11.15am to 12.15pm Managing Forensic Evidence in Sexual Assault Cases
  • Sexual assault investigation workflow
  • Time since intercourse and biofluid persistence
  • Targeting male-specific DNA
  • Unusual exhibits and Case studies

Presented by Anna Davey, Director, Forensic Foundations International

Description

Attend and earn 4 CPD units including:
3 units in Substantive Law
1 units in Professional Skills

This program is based on VIC legislation

Chair:

W. Brind (Zich) Zichy-Woinarski K.C., Greens List

9.00am to 10.00am Applications for Discontinuance and No Case Submissions in Sexual Offence Matters
  • Common reasons defence apply for discontinuances in sexual offence matters
  • Assessing the brief of evidence both before and after committal
  • When to apply for a discontinuance and being persistent
  • Reviewing a discontinuance application
  • Listening carefully to the evidence in committals and trials
  • Making a no-case submission

Presented by Amy Peek-Lasry, Barrister, Parnell's Barristers

11.00am to 11.15am Morning Tea
12.15pm to 1.15pm Court of Appeal: A Review of Recent Cases
  • Updates about tendency and coincidence law
  • Look at the latest developments in sentencing law for sexual offences
  • Examine recent decisions about conviction appeals, and evidentiary law
  • Practical application and use of appellate cases

Presented by Liam McAuliffe, Barrister, Crockett Chambers

Presenters


Zubin Menon, Green List Barristers
Zubin Menon joined the Victorian Bar in 2013. He is an experienced criminal law barrister, appearing to prosecute and as defence counsel in cases in the Magistrates’ Court, County Court and Supreme Court. His trial experience includes homicides, sex offences, frauds, drug cases and assaults. He is a member of Victoria Legal Aid’s Preferred Barrister List and is designated as a lead counsel in the Trial Counsel Development Program. In 2021, Zubin accepted a 12-month appointment as a Public Defender at Victoria Legal Aid Chambers. As a Public Defender, he undertook committal, trial and plea work in a range of complex sex offence cases. Zubin also holds a Master of Criminology and has a particular interest in analysis of how race and culture influence our justice system.


Liam McAuliffe, Barrister, Crockett Chambers
Liam practises in public and administrative law, common law, regulatory law, quasi-criminal and criminal law. He regularly appears in the County Court and the Magistrates' Court. He has significant experience in matters under the Serious Offenders Act 2018, and under the Crimes Mental Impairment (Unfitness to be Tried) Act 1997. Liam is experienced in regulatory prosecutions and in professional disciplinary matters. He also maintains an appellate practice relating to criminal law matters. He appears in coronial inquests, judicial review proceedings, public interest immunity matters, as well as confidentiality and suppression order proceedings. He also appears in VCAT in public law and human rights matters, merits review proceedings, privacy law and professional conduct matters. Liam in currently participating in the 2024 VLA Trial Counsel Development Program.


W. Brind (Zich) Zichy-Woinarski K.C., Greens List
A significant part of Brind Woinarski's practice is in criminal law, especially in "white collar" crime and associated areas, in all jurisdictions. He has appeared as both defence counsel and prosecutor in all areas of criminal law including committals, trials and appellate jurisdictions. In recent years this has involved consideration of liability under the Corporations Act 2001, including the insider trading provisions, as well as consideration of Australian and overseas bribery legislation and the application of United Nation sanctions. He has been involved in major equal opportunity and anti-discrimination cases and significant occupational health & safety prosecutions and environment protection matters, both prosecuting and defending. Since 2000 he has been briefed in a number of significant tax audits, both for the ATO and taxpayers, and has advised taxpayers with respect to potential criminal liability. He has also appeared and advised in many professional disciplinary matters and with respect to other regulatory bodies. He is an experienced appellate advocate at all levels, including the High Court. He is a former Chairman of the Criminal Bar Association of Victoria and was the Chairman of the Ethics Committee of the Victorian Bar from 1993-1999. He is a regular presenter on ethical issues. He is joint author of Paul's Police Offences (5th Ed), and is a Consultant Editor to "Criminal Law, Investigation and Procedure Victoria". He is a Senior Fellow (Melbourne Masters) at the University of Melbourne, teaching Tax and Crime in 2015.


Anna Davey, Director, Forensic Foundations International
Anna Davey B.Sc. (Hons) (Melb), M.Sc. (Melb), Grad Dip Legal Studies (UNE), Grad Cert Pub Sec Mgmt (Flinders), Cert IV CBT (Barton). In 1988, Anna was employed by the then State Forensic Science Laboratory as part of a small team formed to introduce DNA profiling to Victoria for criminal casework. By 1994, she was Team Leader and had developed an interest in education and training in forensic science. In 1997, Anna moved from casework to lead the ‘Quality Management, Education and Information Services’ team. From 2000 – 2004, Anna held the position of Executive Officer of the National Institute of Forensic Science and in 2004, was appointed Deputy Director. In 2008, Anna Davey founded Forensic Foundations International, a specialised service providing flexible fit-for-propose forensic program for expert and legal practitioners. These services involve training, consultancy, case review and auditing. In 2010, Anna completed a Graduate Diploma in Legal Studies at the University of New England. Anna operates in all areas of the forensic sciences, focusing on quality management, the interface between science and the legal system, and forensic science based R&D. She brings an unequalled depth of knowledge and experience to these subjects. Anna is the immediate past Vice President (Australia) of the Australian and New Zealand Forensic Science Society (ANZFSS) and is Secretary of Victorian Chapter of the Australian Academy of Forensic Science.


Amy Peek-Lasry, Barrister, Parnell’s Barristers
Amy appears and advises in both criminal and administrative law. Amy has appeared in areas including terrorism, white collar crime, child exploitation, sex offences, honesty offences and violence offences. In addition to trials, Amy has appeared in contests, supervision order applications, fitness hearings, appeals and pleas. Amy also accepts briefs in enquiries, regulatory matters, and crimes’ compensation applications. In addition, she appears in administrative matters including working with children, environment and planning, judicial review and mental health. Amy returned to the Victorian Bar in September 2021 after 12 months as In-House Counsel at Djirra’s Aboriginal Family Violence Legal Service. In addition to appearance work, Amy advised Djirra on compliance with legislative and regulatory requirements. Before coming to the Bar, Amy was Senior Associate to the Honourable Justice Hollingworth at the Supreme Court of Victoria. She also worked for the Judicial College of Victoria and Norton Rose Fulbright. Amy is on the VLA Criminal Trial Preferred Barrister List and has undertaken Aboriginal and Torres Strait Islander cultural awareness training. Amy read with Sally Flynn KC and her senior mentor was Justice Rowena Orr.

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Acting in Sexual Offences Matters

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Single Session
Friday, 14 June 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
4
$505.00
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